Criminal Revision Petition challenging conviction under Section 138 NI Act disposed of by permitting compounding of offence under Section 147 NI Act upon settlement. Petitioner acquitted.
Petitioner acquitted; conviction and sentence set aside upon compounding of offence.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR CRIMINAL REVISION PETITION NO. 386 OF 2017
BETWEEN:
SRI S PRAKAH KUMAR, 53 YEARS, SON OF LATE. SATHYAPPA, RESIDENT OF OPP. BHARATH GAS, RAILWAY STATION ROAD, BIRUR TOWN, KADUR TALUK.
…PETITIONER
(BY SRI. SREEKANTHA K S., ADVOCATE)
AND:
Digitally signed by ANJALI M Location: High Court of Karnataka
SMT SUJATHA, AGED ABOUT 52 YEARS, WIFE OF H.M. SHANKAR, RESIDENT OF HMS COMPOUND, FORT, KADUR TOWN. KADUR TALUK, CHIKKAMAGALURU DISTRICT.
…RESPONDENT
(BY SRI. K B NAVEEN KUMAR., ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 06.02.2017 PASSED BY THE II ADDL. SESSIONS JUDGE, CHIKKAMAGALURU IN CRL.A.NO.127/2015 AND CONSEQUENTLY SET ASIDE THE JUDGMENT AND ORDER DATED 03.08.2015 PASSED BY THE PRL. CIVIL JUDGE AND
J.M.F.C., KADUR IN C.C.NO.1173/2012 BY ALLOWING THE CRL.RP.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL ORDER
Sri K.S.Sreekantha, learned counsel for petitioner and Sri K.B.Naveen Kumar, learned counsel for respondent along with their respective parties are present before the Court. The parties are identified by their respective counsels.
an accused before the trial Court, being aggrieved by the judgment and order dated 06.02.2017 passed in Crl.A.No.127/2015 by II Additional Sessions Judge, Chikkamagaluru, confirming the judgment of conviction and order on sentence dated 03.08.2015 passed in C.C.No.1173/2012 by the Principal Civil Judge and JMFC, Kadur, whereby the trial Court convicted the petitioneraccused for the offence punishable under Section 138 of
the Negotiable Instruments Act, 1881 (for short, 'the N.I.Act') and sentenced him to pay a sum of Rs.75,000/-, in default of payment of fine, the accused to undergo Simple Imprisonment for a period of three months, out of the fine amount, a sum of Rs.70,000/- was ordered to be paid as compensation to the respondent-complainant and the remaining amount of Rs.5,000/- was ordered to be remitted to the State.
petitioner has agreed to pay a total amount of Rs.75,000/(Rupees Seventy Five Thousand Only) to the respondentcomplainant as full and final settlement and the respondent-complainant has agreed for the same. Out of the said Rs.75,000/-, the petitioner-accused has already paid Rs.61,000/- on 04.09.2024, which is acknowledged by the respondent in the presence of his counsel. The balance amount of Rs.14,000/- is deposited before the trial Court. Accordingly, both the petitioner as well as the respondent seek leave of this Court to compound the offence.
are enquired by the Court as to whether compounding of the offence has taken place on their own free will and consent, which is answered in the affirmative stating that there is no force or coercion imposed on them. They have signed the application and affixed their signature to compound the offence by way of filing this application voluntarily.
objections to the respondent withdrawing the amount Rs.14,000/-, which is deposited before the trial Court.
the parties by way of the compounding of offence, which is permissible under Section 147 of the N.I.Act, the offence against the petitioner-accused is permitted to be compounded. Accordingly, I pass the following:
ORDER
NC: 2024:KHC:39261 CRL.RP No. 386 of 2017
viii) The bail bond executed by the petitioneraccused stands cancelled;
ix) Ordered accordingly.
Sd/(PRADEEP SINGH YERUR) JUDGE
AM
List No.: 1 Sl No.: 89
1 issue framed by the court
Whether the offence punishable under Section 138 of the N.I. Act can be compounded between the accused and complainant?
3 provisions across 2 enactments
Sri S Prakash Kumar
Smt Sujatha
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
